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Tesla shareholder lawsuit against Elon Musk’s Twitter denied by Delaware judge

Tesla CEO Elon Musk presents the Model Y (Photo: Teslarati)

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Tesla shareholders who filed a lawsuit against company CEO Elon Musk for his Twitter usage will have to wait to see what comes of the case after a Delaware judge denied a request to pursue legal action against the head of the electric car company.

Vice-Chancellor Joseph Slights III, a judge in Dover, Delaware, shelved a request by attorneys for Tesla shareholders who sought a lawsuit that intended to halt CEO Elon Musk’s use of his personal Twitter account to share information about the electric automaker.

The lawsuit, which was filed in 2019, was put on hold by Judge Slights on May 20, 2020, stating attorneys did not demonstrate sufficient reasoning to allow the Delaware state court to continue with legal proceedings, MarketWatch reported.

Some followers and Tesla supporters have stated that Musk’s tweeting should be controlled. After openly saying his disagreements with how the COVID-19 pandemic was handled, Musk tweeted things like “Now give people back their FREEDOM,” and lyrics of the Star-Spangled Banner.

However, stopping the Tesla CEO’s tweeting would be a violation of the First Amendment, and Slights seemed to recognize that Musk was doing nothing wrong but practicing free speech.

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It is not the first time Musk has been contacted about his tweeting. The Securities and Exchange Commission opened up a lawsuit against Musk in 2018 after the Tesla CEO tweeted about taking Tesla private. The infamous Twitter posting made national headlines after Musk hinted toward taking the automaker’s stock private at $420 per share, a satirical number infamous with cannabis culture.

The SEC then attempted to have Musk held in contempt of court after tweeting Tesla’s 2019 vehicle production goal for the fiscal year. Regulators felt that the sharing of this figure was a violation of the SEC lawsuit’s settlement, which required the Commission to oversee Musk’s tweets that could affect the company’s stock value.

In an interview with 60 Minutes, Musk stated, “Twitter is a warzone,” and that his tweeting shouldn’t be monitored because of his First Amendment right.

While Musk abided by the settlement and stated the United States Constitution protected his words, he added, “I want to be clear: I do not respect the SEC.”

When Lesley Stahl, the 60 Minutes correspondent responsible for covering the story, asked Musk why he was abiding by the settlement, Musk clearly explained that he was not respecting the SEC’s wishes, but he was respecting the justice system.

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The shareholders who initiated the lawsuit believe that Musk is not willing to abide by the SEC’s agreement and that any “rational” Tesla lawyer could have approved none of his recent tweets.

Slights stated he would revisit his decision if Musk’s conduct results in “likely” harm to shareholders. Currently, he states that the mindset of Musk’s tweeting harming shareholders is “speculative.”

“The decision will be clearer if more of a pattern emerges, especially an unchecked pattern…At this point, though, what’s done is done,” Slights said.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Investor's Corner

Tesla analyst realizes one big thing about the stock: deliveries are losing importance

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Credit: Joe Tegtmeyer | YouTube

Tesla analyst Dan Levy of Barclays realized one big thing about the stock moving into 2026: vehicle deliveries are losing importance.

As a new era of Tesla seems to be on the horizon, the concern about vehicle deliveries and annual growth seems to be fading, at least according to many investors.

Even CEO Elon Musk has implied at times that the automotive side, as a whole, will only make up a small percentage of Tesla’s total valuation, as Optimus and AI begin to shine with importance.

He said in April:

“The future of the company is fundamentally based on large-scale autonomous cars and large-scale and large volume, vast numbers of autonomous humanoid robots.”

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Levy wrote in a note to investors that Tesla’s Q4 delivery figures “likely won’t matter for the stock.” Barclays said in the note that it expects deliveries to be “soft” for the quarter.

In years past, Tesla analysts, investors, and fans were focused on automotive growth.

Cars were truly the biggest thing the stock had to offer: Tesla was a growing automotive company with a lot of prowess in AI and software, but deliveries held the most impact, along with vehicle pricing. These types of things had huge impacts on the stock years ago.

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In fact, several large swings occurred because of Tesla either beating or missing delivery estimates:

  • January 3, 2022: +13.53%, record deliveries at the time
  • January 3, 2023: -12.24%, missed deliveries
  • July 2, 2024: +10.20%, beat delivery expectations
  • October 3, 2022: -8.61%, sharp miss due to Shanghai factory shutdown
  • July 2, 2020: +7.95%, topped low COVID-era expectations with sizeable beat on deliveries

It has become more apparent over the past few quarters that delivery estimates have significantly less focus from investors, who are instead looking for progress in AI, Optimus, Cybercab, and other projects.

These things are the future of the company, and although Tesla will always sell cars, the stock is more impacted by the software the vehicle is running, and not necessarily the vehicle itself.

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SpaceX IPO is coming, CEO Elon Musk confirms

However, it appears Musk is ready for SpaceX to go public, as Ars Technica Senior Space Editor Eric Berger wrote an op-ed that indicated he thought SpaceX would go public soon. Musk replied, basically confirming it.

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Joel Kowsky, Public domain, via Wikimedia Commons

Elon Musk confirmed through a post on X that a SpaceX initial public offering (IPO) is on the way after hinting at it several times earlier this year.

It also comes one day after Bloomberg reported that SpaceX was aiming for a valuation of $1.5 trillion, adding that it wanted to raise $30 billion.

Musk has been transparent for most of the year that he wanted to try to figure out a way to get Tesla shareholders to invest in SpaceX, giving them access to the stock.

He has also recognized the issues of having a public stock, like litigation exposure, quarterly reporting pressures, and other inconveniences.

However, it appears Musk is ready for SpaceX to go public, as Ars Technica Senior Space Editor Eric Berger wrote an op-ed that indicated he thought SpaceX would go public soon.

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Musk replied, basically confirming it:

Berger believes the IPO would help support the need for $30 billion or more in capital needed to fund AI integration projects, such as space-based data centers and lunar satellite factories. Musk confirmed recently that SpaceX “will be doing” data centers in orbit.

AI appears to be a “key part” of SpaceX getting to Musk, Berger also wrote. When writing about whether or not Optimus is a viable project and product for the company, he says that none of that matters. Musk thinks it is, and that’s all that matters.

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It seems like Musk has certainly mulled something this big for a very long time, and the idea of taking SpaceX public is not just likely; it is necessary for the company to get to Mars.

The details of when SpaceX will finally hit that public status are not known. Many of the reports that came out over the past few days indicate it would happen in 2026, so sooner rather than later.

But there are a lot of things on Musk’s plate early next year, especially with Cybercab production, the potential launch of Unsupervised Full Self-Driving, and the Roadster unveiling, all planned for Q1.

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Tesla Full Self-Driving statistic impresses Wall Street firm: ‘Very close to unsupervised’

The data shows there was a significant jump in miles traveled between interventions as Tesla transitioned drivers to v14.1 back in October. The FSD Community Tracker saw a jump from 441 miles to over 9,200 miles, the most significant improvement in four years.

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Credit: Tesla

Tesla Full Self-Driving performance and statistics continue to impress everyone, from retail investors to Wall Street firms. However, one analyst believes Tesla’s driving suite is “very close” to achieving unsupervised self-driving.

On Tuesday, Piper Sandler analyst Alexander Potter said that Tesla’s recent launch of Full Self-Driving version 14 increased the number of miles traveled between interventions by a drastic margin, based on data compiled by a Full Self-Driving Community Tracker.

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The data shows there was a significant jump in miles traveled between interventions as Tesla transitioned drivers to v14.1 back in October. The FSD Community Tracker saw a jump from 441 miles to over 9,200 miles, the most significant improvement in four years.

Interestingly, there was a slight dip in the miles traveled between interventions with the release of v14.2. Piper Sandler said investor interest in FSD has increased.

Full Self-Driving has displayed several improvements with v14, including the introduction of Arrival Options that allow specific parking situations to be chosen by the driver prior to arriving at the destination. Owners can choose from Street Parking, Parking Garages, Parking Lots, Chargers, and Driveways.

Additionally, the overall improvements in performance from v13 have been evident through smoother operation, fewer mistakes during routine operation, and a more refined decision-making process.

Early versions of v14 exhibited stuttering and brake stabbing, but Tesla did a great job of confronting the issue and eliminating it altogether with the release of v14.2.

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Tesla CEO Elon Musk also recently stated that the current v14.2 FSD suite is also less restrictive with drivers looking at their phones, which has caused some controversy within the community.

Although we tested it and found there were fewer nudges by the driver monitoring system to push eyes back to the road, we still would not recommend it due to laws and regulations.

Tesla Full Self-Driving v14.2.1 texting and driving: we tested it

With that being said, FSD is improving significantly with each larger rollout, and Musk believes the final piece of the puzzle will be unveiled with FSD v14.3, which could come later this year or early in 2026.

Piper Sandler reaffirmed its $500 price target on Tesla shares, as well as its ‘Overweight’ rating.

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